SPECIALIST MEDICAL REVIEW COUNCIL
Veterans’ Entitlements Act 1986
Section 196ZB
NOTIFICATION OF AMENDED CLOSING DATE FOR
WRITTEN SUBMISSIONS
The previous Gazette Notice C2014G01772 of 27 October 2014 stated that having been asked under section 196Y of the Veterans’ Entitlements Act 1986 (the Act) to review the contents of Statements of Principles Nos. 53 and 54 of 2014 made by the Repatriation Medical Authority (the RMA) in respect to Malignant Neoplasm of the Prostate. The Council notified, under section 196ZB of the Act its intention to carry out a review of the information all the information available to the RMA when it determined, amended or last amended Statements of Principles Nos. 53 and 54 of 2014 in respect to "smoking cigarettes, or the equivalent thereof in other tobacco products", specifically:
the possible amendment of the existing factor at clause 6(e) in Statement of Principles 53 of 2014 and/or the inclusion of new factors in the above Statements of Principles in the same or similar terms as the factors at clause 2(A) and 2(B) in Statement of Principles 77 of 2012, amending Statement of Principles 28 of 2005; and at clause 2(A) in Statement of Principles 78 of 2012, amending Statement of Principles 29 of 2005.
The previous Gazette Notice (C2014G01772 of 27 October 2014) stated that written submissions must be received by the Council by 3 April 2015. This Notice extends the period of time available to persons and organisations to make written submissions.
Written submissions must be received by 5.00pm on Friday 29 May 2015
The following persons or organisations are invited to make written submissions to the Council:
- The Repatriation Commission
- The Military Rehabilitation and Compensation Commission
- A person eligible to make a claim for a pension under Part II or IV of the Act
- A person eligible to make a claim for compensation under section 319 of the Military Rehabilitation and Compensation Act 2004; and
- An organisation representing veterans, Australian Mariners, members of the Forces, members of Peacekeeping Forces or their dependants.
For advice on the preparation of written submissions telephone the Council Secretariat on
07 3223 8440, or via the website www.smrc.gov.au. Submissions should be lodged with the Council Secretariat, PO Box 895, Woden, ACT 2606.
Charles Guest
Convener
Overview
The Special Medical Review Council under the Veterans’ Entitlements Act 1986 (the Act) was established to address the need for independent, expert review of medical matters related to veterans' entitlements. This Act was enacted by the Commonwealth Parliament to provide a framework for the review of medical evidence and the determination of entitlements for veterans. The Council was created to ensure that the decisions regarding the health conditions of veterans are based on the best available medical evidence and to address any gaps in the existing legislative framework concerning the review of medical opinions and statements of principles. The policy objective of the Act is to provide a fair and transparent process for reviewing and determining the eligibility of veterans for pensions and compensation based on medical criteria.
In a recent Gazette Notice (C2015G00304), the Council announced an extension to the deadline for written submissions regarding the review of Statements of Principles Nos. 53 and 54 of 2014 concerning Malignant Neoplasm of the Prostate. The Council, acting under section 196ZB of the Act, aims to incorporate updated medical evidence and factors into the existing statements, potentially including new criteria related to smoking and tobacco use. The new deadline for written submissions is 5.00pm on Friday 29 May 2015. This extension provides additional time for relevant parties, including the Repatriation Commission, the Military Rehabilitation and Compensation Commission, eligible claimants, and representative organisations, to contribute their insights and evidence to the review process.
Scope and Application
The Specialist Medical Review Council, under section 196ZB of the Veterans’ Entitlements Act 1986, has issued a notification to extend the closing date for written submissions regarding the review of Statements of Principles Nos. 53 and 54 of 2014, specifically related to Malignant Neoplasm of the Prostate and smoking cigarettes or equivalent tobacco products. The invitation to submit written evidence is extended to the Repatriation Commission, the Military Rehabilitation and Compensation Commission, individuals eligible to claim pensions or compensation under the Act, and organisations representing veterans and other eligible groups. The extended deadline for submission is now 5.00pm on Friday 29 May 2015, providing additional time for stakeholders to contribute to the review process. Submissions can be prepared with assistance from the Council Secretariat, which can be contacted via telephone or the website, and must be lodged with the Council Secretariat at the specified address.
Key Provisions
The Specialist Medical Review Council (SMRC) has amended the closing date for written submissions regarding the review of Statements of Principles Nos. 53 and 54 of 2014 concerning Malignant Neoplasm of the Prostate, as per section 196ZB of the Veterans’ Entitlements Act 1986 (the Act). Originally, written submissions were required by 3 April 2015; however, this has been extended to 5:00 pm on Friday 29 May 2015. The review is intended to consider whether the existing factors should be amended, specifically the factor at clause 6(e) in Statement of Principles 53 of 2014, or whether new factors should be included in line with those in Statements of Principles 77 and 78 of 2012.
The Act imposes several obligations on the parties or entities it governs. First, the Repatriation Commission, the Military Rehabilitation and Compensation Commission, and individuals eligible to make claims for pension or compensation under the Act, as well as organisations representing veterans and their dependants, are invited to make written submissions. These submissions must be lodged with the Council Secretariat by the extended deadline. Additionally, the SMRC has provided contact details for advice on preparing submissions, which can be obtained by calling the Council Secretariat on 07 3223 8440 or visiting their website at www.smrc.gov.au.
Failure to comply with the Act’s provisions could lead to various consequences. While the specific civil or criminal penalties for non-compliance are not detailed in this notice, it is reasonable to infer that not adhering to the submission deadlines could result in the exclusion of certain parties' views from the review process. This might ultimately affect the outcome of the review and the potential amendments to the Statements of Principles, impacting the rights and entitlements of veterans. However, without explicit penalties stated, the precise repercussions remain to be clarified within the Act or any associated regulations.